Category Archives: Laches

DC prosecution laches finding affirmed (unreasonable and inexcusable delay by PMC and prejudice to Apple)

Posted on January 25, 2023 by Patrick J. Halloran, Ph.D., J.D.

Personalized Media Communications, LLC v. Apple Inc. Docket No. 2021-2275 (https://cafc.uscourts.gov/opinions-orders/21-2275.OPINION.1-20-2023_2066571.pdf) REYNA, CHEN, STARK January 20, 2023 Brief Summary:   DC decision of prosecution laches (unreasonable and inexcusable delay by PMC and prejudice to Apple) affirmed. Summary:  Personalized Media Communications … Continue reading →

Posted in Equitable estoppel, Laches, Prosecution History Estoppel, Uncategorized | Leave a comment

Exmark Mfg. Co. Inc. v. Briggs & Stratton Power Products Group, LLC

Posted on January 17, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2016-2197 WALLACH, CHEN, STOLL January 12, 2018 Brief summary: DC decision vacated and remanded as expert opinion on damages was insufficient, and to determine whether Briggs’ prior art defenses were “litigation-inspired” (Halo, US 2017). Summary: Briggs appealed the … Continue reading →

Posted in Anticipation (35 USC 102), Damages, Expert Testimony, Indefiniteness, Laches, Obviousness, Reexamination, Willfullness | Leave a comment

Romag Fasteners, Inc. v. Fossil, Inc. et al.

Posted on April 5, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1856, 2014-1857 DYK, WALLACH, HUGHES March 31, 2016 Brief Summary: DC decision that “Romag is not entitled to recover Fossil’s profits” for trademark infringement “as Romag did not prove that Fossil infringed willfully” affirmed under Second Circuit precedent … Continue reading →

Posted in Damages, Laches, Trademarks | Leave a comment

Hedwig Lismont v. Alexander Binzel Corporation et al.

Posted on March 9, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2014-1846 LOURIE, REYNA, CHEN February 16, 2016 Brief Summary: DC grant to SJ to ABC that Mr. Lismont’s inventorship claim was barred by laches was affirmed since he could not rebut the presumption of laches resulting from the … Continue reading →

Posted in Inventorship, Laches | Leave a comment

SCA Hygeine et al. v. First Quality Baby Products, LLC et al.

Posted on September 21, 2015 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1564 En banc opinion (PROST, NEWMAN, LOURIE, DYK, O’MALLEY, REYNA; CIP/DIP: HUGHES, MOORE, WALLACH, TARANTO, CHEN) September 18, 2015 Brief Summary: On the “critical question” of whether § 282 applies to both equitable and legal relief, the court … Continue reading →

Posted in Damages, Laches, Royalties | Leave a comment

SCA Hygeine Products Aktiebolag et al. v. First Quality Baby Products, et al.

Posted on September 27, 2014 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1564 REYNA, WALLACH, HUGHES September 17, 2014 Update: see Sept. 18, 2015 en banc decision Brief Summary: FC panel affirmed DC finding of laches (more than six years delay without reasonable excuse) but reversed as to equitable estoppel … Continue reading →

Posted in Equitable estoppel, Laches | Leave a comment

Integrated Technology Corp. v. Rudolph Technologies Inc.

Posted on November 13, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1593, -1618 RADER, CLEVENGER, MOORE November 4, 2013 Brief summary: Decision of infringement under DOE was reversed due to prosecution history estoppel (narrowing amendment, no defenses (Festo)). Summary: Rudolph appealed DC judgment of infringement (non-willful and willful, $15.3 … Continue reading →

Posted in Attorney's Fees, Doctrine of equivalents, Laches, Prosecution History Estoppel, Willfullness | Leave a comment